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> GOVERNANCE - home > Employment protection legislation database - EPLex > China

China - Procedural requirements for individual dismissals


+ show references

Notification to the worker to be dismissed: written

Remarks:
  • Art. 40 ECL.

Notice period:
Remarks:
  • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
    • tenure ≥ 6 months
      • 30 day(s).
    • tenure ≥ 9 months
      • 30 day(s).
    • tenure ≥ 2 years
      • 30 day(s).
    • tenure ≥ 4 years
      • 30 day(s).
    • tenure ≥ 5 years
      • 30 day(s).
    • tenure ≥ 10 years
      • 30 day(s).
    • tenure ≥ 20 years
      • 30 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 40 ECL.

    Notification to the public administration: No

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 43 ECL.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Remarks:
    • However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Art. 40 ECL.

    Notice period:
    Remarks:
    • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
      • tenure ≥ 6 months
        • 30 day(s).
      • tenure ≥ 9 months
        • 30 day(s).
      • tenure ≥ 2 years
        • 30 day(s).
      • tenure ≥ 4 years
        • 30 day(s).
      • tenure ≥ 5 years
        • 30 day(s).
      • tenure ≥ 10 years
        • 30 day(s).
      • tenure ≥ 20 years
        • 30 day(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Art. 40 ECL.

      Notification to the public administration: No

      Notification to workers' representatives: Yes

      Remarks:
      • Art. 43 ECL.

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      Remarks:
      • However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • Art. 40 ECL.

      Notice period:
      Remarks:
      • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
        • tenure ≥ 6 months
          • 30 day(s).
        • tenure ≥ 9 months
          • 30 day(s).
        • tenure ≥ 2 years
          • 30 day(s).
        • tenure ≥ 4 years
          • 30 day(s).
        • tenure ≥ 5 years
          • 30 day(s).
        • tenure ≥ 10 years
          • 30 day(s).
        • tenure ≥ 20 years
          • 30 day(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Art. 40 ECL.

        Notification to the public administration: No

        Notification to workers' representatives: Yes

        Remarks:
        • Art. 43 ECL.

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        Remarks:
        • However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • Art. 40 ECL.

        Notice period:
        Remarks:
        • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
          • tenure ≥ 6 months
            • 30 day(s).
          • tenure ≥ 9 months
            • 30 day(s).
          • tenure ≥ 2 years
            • 30 day(s).
          • tenure ≥ 4 years
            • 30 day(s).
          • tenure ≥ 5 years
            • 30 day(s).
          • tenure ≥ 10 years
            • 30 day(s).
          • tenure ≥ 20 years
            • 30 day(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art. 40 ECL.

          Notification to the public administration: No

          Notification to workers' representatives: Yes

          Remarks:
          • Art. 43 ECL.

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          Remarks:
          • However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Art. 40 ECL.

          Notice period:
          Remarks:
          • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
            • tenure ≥ 6 months
              • 30 day(s).
            • tenure ≥ 9 months
              • 30 day(s).
            • tenure ≥ 2 years
              • 30 day(s).
            • tenure ≥ 4 years
              • 30 day(s).
            • tenure ≥ 5 years
              • 30 day(s).
            • tenure ≥ 10 years
              • 30 day(s).
            • tenure ≥ 20 years
              • 30 day(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Art. 40 ECL.

            Notification to the public administration: No

            Notification to workers' representatives: Yes

            Remarks:
            • Art. 43 ECL.

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            Remarks:
            • However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • Art. 40 ECL.

            Notice period:
            Remarks:
            • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
              • tenure ≥ 6 months
                • 30 day(s).
              • tenure ≥ 9 months
                • 30 day(s).
              • tenure ≥ 2 years
                • 30 day(s).
              • tenure ≥ 4 years
                • 30 day(s).
              • tenure ≥ 5 years
                • 30 day(s).
              • tenure ≥ 10 years
                • 30 day(s).
              • tenure ≥ 20 years
                • 30 day(s).

              Pay in lieu of notice: Yes

              Remarks:
              • Art. 40 ECL.

              Notification to the public administration: No

              Notification to workers' representatives: Yes

              Remarks:
              • Art. 43 ECL.

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              Remarks:
              • However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • Art. 40 ECL.

              Notice period:
              Remarks:
              • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
                • tenure ≥ 6 months
                  • 30 day(s).
                • tenure ≥ 9 months
                  • 30 day(s).
                • tenure ≥ 2 years
                  • 30 day(s).
                • tenure ≥ 4 years
                  • 30 day(s).
                • tenure ≥ 5 years
                  • 30 day(s).
                • tenure ≥ 10 years
                  • 30 day(s).
                • tenure ≥ 20 years
                  • 30 day(s).

                Pay in lieu of notice: Yes

                Remarks:
                • Art. 40 ECL.

                Notification to the public administration: No

                Notification to workers' representatives: Yes

                Remarks:
                • Art. 43 ECL.

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                Remarks:
                • However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • Art. 40 ECL.

                Notice period:
                Remarks:
                • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
                  • tenure ≥ 6 months
                    • 30 day(s).
                  • tenure ≥ 9 months
                    • 30 day(s).
                  • tenure ≥ 2 years
                    • 30 day(s).
                  • tenure ≥ 4 years
                    • 30 day(s).
                  • tenure ≥ 5 years
                    • 30 day(s).
                  • tenure ≥ 10 years
                    • 30 day(s).
                  • tenure ≥ 20 years
                    • 30 day(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • Art. 40 ECL.

                  Notification to the public administration: No

                  Notification to workers' representatives: Yes

                  Remarks:
                  • Art. 43 ECL.

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  Remarks:
                  • However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • Art. 40 ECL.

                  Notice period:
                  Remarks:
                  • Art. 40 ECL: The notice period shall be 30 days regardless of the job tenure.
                    • tenure ≥ 6 months
                      • 30 day(s).
                    • tenure ≥ 9 months
                      • 30 day(s).
                    • tenure ≥ 2 years
                      • 30 day(s).
                    • tenure ≥ 4 years
                      • 30 day(s).
                    • tenure ≥ 5 years
                      • 30 day(s).
                    • tenure ≥ 10 years
                      • 30 day(s).
                    • tenure ≥ 20 years
                      • 30 day(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • Art. 40 ECL.

                    Notification to the public administration: No

                    Notification to workers' representatives: Yes

                    Remarks:
                    • Art. 43 ECL.

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    Remarks:
                    • However, according to art. 43 ECL, if the employer has violated the laws, administrative regulations, or provisions of the employment contract, the trade union has the right to demand that the employer rectifies the matter. The employer shall consider the trade union's opinion and notify it in writing on how it handled the matter.